Please check out these Terms completely and also very closely before utilizing the Services, because these Terms develop a legally binding contract in between you and also muzic-ivan.info for your use of the Services. As explained in Section 12, you agree that unmuch less you opt out, all conflicts in between you and muzic-ivan.info will be reresolved by individual arbitration, and also you waive your right to trial by jury, or to take part in a course activity lawsuit or class-wide arbitration.
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By using the Services, you agree to be bound by these Terms. From time to time, we may modify or update these Terms, effective upon posting via the Services. If you usage the Services after any kind of such change, you accept these Terms as modified.
In other words: By making use of anypoint offered by muzic-ivan.info, you instantly agree to this legal agreement. You likewise accept any type of updated version of this agreement by proceeding to usage the Services.
The Services are not directed towards, nor intended for usage by, anyone under the age of 13. By utilizing the Services, you recurrent and warrant that you are at least 13 years of age. If you are under 13, you might not, under any situations or for any factor, usage the Services. Notwithstanding the foregoing, if you are a resident of the European Union, UK, Lichtenstein, Norway, or Iceland also, you should be at least 16 years of age to usage the Services. You are exclusively responsible for ensuring that these Terms comply through all applicable legislations, and also your best to usage the Services is revoked wherever before these Terms or your usage of the Services disputes with any kind of laws.
In various other words: You MUST be at leastern 13 years old to use the Services (or at least 16 years old if you are a resident of certain European nations as explained above). Do not usage the Services if it would suppose breaking the law.
2. Your Account.
You might must sign up for an account on muzic-ivan.info in order to usage components of the Services. You have to provide specific and up to day information for your account. You promise not to (i) intentionally impersonate one more person by using their name or email deal with, (ii) use an offensive name or email deal with, or (iii) usage a name or email address for which you execute not have actually proper authorization. We reserve the right to need that you readjust your username or usage an additional email address. You are prohibited from utilizing another person’s account or registration information for the Services without their permission. You are responsible for all task that occurs on your account, and also for maintaining your password secure. You promise to instantly let us recognize if tright here is any type of unauthorized use of your account. You have the right to delete your account at any type of time, either straight or via a research to us.
In other words: If you authorize up for an account on the Services, you are responsible for all activity on your account. Be mindful about protecting your account password and let us recognize instantly if you think there are any kind of worries.
3. Content You Contribute.
You are exclusively responsible for all of content you add to the Services (“User Content”) and as in between you and muzic-ivan.info, you own your User Content. You hereby do and shall grant us a non-exclusive, worldwide, perpetual, royalty-free, fully phelp, transferable, sublicensable ideal to use, modify, reproduce, distribute, prepare derivative works of, display screen, perform and also otherwise completely exploit such User Content (including all associated intellectual residential property rights) in connection via the Services and our organization. You promise that you have all civil liberties to provide such license to us without infringement or violation of any kind of third party rights. If you contribute User Content through a public part of the Services, you acexpertise that such User Content will certainly be available to various other individuals. Please do not publicly short article or submit any kind of User Content that you perform not desire publicly obtainable or viewable, or that you do not have legal rights to write-up.
In various other words: You very own all content you add to the Services, however you’re ok through muzic-ivan.info utilizing it in connection with its Services. Public Indevelopment is public, so don’t incorporate any kind of private or sensitive indevelopment in any public component of the Services.
4. muzic-ivan.info’s Proprietary Rights.
In other words: You’re permitted to use the Services just in accordance via this agreement. Usually speaking, you"re only enabled to use content that you uncover on the site in link through your use of the Services and solely for personal and non-commercial purposes. We deserve to edit, take dvery own, or block any content on the Services at any type of time.
5. Acceptable Use.
In various other words: You must comply with the regulation and this agreement, and you promise not to take any activity or submit any content that is prohibited or harmful, consisting of violating or attempting to violate the protection of the Services.
6. Links to Third Party Services.
In various other words: We don’t regulate any kind of third party sites or solutions and won’t be liable for any issues that might outcome from your usage. Please review the terms of business and privacy plan of any third party website or organization.
We may terminate or suspend your account or access to the Services at any time, via or without notification, which may bring about the loss of all indevelopment associated with your account. You might additionally delete your account and/or your use of the Services at any type of time by complying with the directions with the Services. All provisions of these Terms which by their nature should survive termicountry shall make it through, including without limitation, ownership provisions, warranty disclaimers, indemnity, limitation of licapacity, and dispute steps.
In various other words: We deserve to choose to terminate or suspend your usage of the Services at any type of time. You have the right to also pick to delete your account or sheight usage of the Services at any time, but note that parts of this agreement still apply to you also after you sheight using the Services.
8. Warranty Disclaimer.
In various other words: The Services are provided “as is.” You are solely responsible for just how you select to usage the Services or what actions you take as an outcome of your usage of the Services.
You shall protect, indemnify and host harmmuch less us, our affiliates and each of our and also their particular employees, contractors, directors, carriers and also representatives from all liabilities, claims and also costs, consisting of reasonable attorneys’ fees, that aclimb from or relate to your use or misusage of, or access to, the Services, or otherwise from your violation of these Terms, or infringement by you, or any 3rd party using your account or identity in the Services, of any kind of intellectual residential property or various other appropriate of any kind of person or entity. We reserve the ideal to assume the exclusive defense and also manage of any issue otherwise topic to indemnification by you, in which occasion you will help and also corun with us in asserting any kind of available defenses.
In other words: We hope this never comes up, however simply in case it does, you agree to reimburse us for any loss we experience that is tied to your use or misuse of the Services, violation of this agreement, or infringement of any third party’s right.
10. Limitation of Liability.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $100.00.
In other words: Our legal licapability to you is limited. Please understand also that we cannot run our business without it.
11. Governing Law; Time Limitation on Clintends.
These Terms shall be governed by and also taken in accordance with the laws of the State of New York and also the USA of America, without regard to conflicts of laws provisions thereof. You agree that regardless of any type of statute or legislation to the contrary, any claim or cause of activity emerging out of, pertained to or connected with the usage of the Services or these Terms need to be filed within one (1) year after such claim of action occurred or be forever before banned.
In various other words: NY and also US laws apply to this agreement. Any legal claim relating to your usage of the Services need to be filed within one year after such case developed.
12. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS.
This Section 12 requires you to arbitprice specific conflicts and clintends via muzic-ivan.info and limits the manner in which you have the right to look for relief from us.
a. Arbitration; Class Action Waiver.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT"S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You additionally agree not to take part in claims lugged in a personal attorney basic or representative capacity, or consolidated clintends involving an additional person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and also not by any type of state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing day within one hundred and also sixty (160) days of filing the case, then either we or you deserve to elect to have actually the arbitration administered rather by the Amerihave the right to Arbitration Association. Judgment on the award rendered by the arbitrator may be gotten in in any type of court having knowledgeable jurisdiction. The arbitration shall be carried out in the English language. Any provision of applicable legislation notwithstanding, the arbitrator will certainly not have actually authority to award damperiods, remedies or awards that problem via these Terms.
b. 30 Day Opt-Out Period.
If you carry out not wish to be bound by the arbitration and class activity waiver provisions in Section 12(a), you need to notify us in composing within 30 days of the date that you initially accept these Terms (unless a much longer period is forced by applicable law). Your written notice should be mailed to us at the following address: muzic-ivan.info, Inc., 416 W. 13th Street, Suite 207, New York, NY 10014. Your created notification should include: (i) your name, (ii) your email and also mailing addresses, and (iii) a statement that you do not wish to solve problems via us with arbitration. If you carry out not notify us in accordance through this Section 12(b), you agree to be bound by the arbitration and course action waiver provisions of these Terms, consisting of such provisions in any Terms revised after the day of your first acceptance. If we make any transforms to the arbitration and class action waiver provisions of these Terms (other than a change to the deal with at which we will certainly get notices of conflict, opt-out notices, or rejections of future alters to the arbitration and course activity waiver provisions of these Terms), you may reject any kind of such change by sending us composed notification within 30 days of the readjust to the resolve collection forth in this Section 12(b). This notification affects these Terms only; if you formerly gone into into other arbitration agreements with us or enter right into other such agreements later, your notice that you are opting out of the arbitration provision in these Terms shall not affect the various other arbitration agreements between you and us.
If the prohibition against class actions and various other clintends brought on befifty percent of 3rd parties included over is uncovered to be unenforceable, then every one of the preceding language in this Section 12 will certainly be null and void. This Section 12 will certainly survive the termination of your relationship through us.
In other words: We truly hope that we deserve to settle any kind of problems through our individuals informally, and also we imagine that the majority of world feel the same way. If it unfortunately gets to the suggest wright here we should connect in legal proceedings, you agree to these provisions.
13. Use of the Services on a Mobile Device.
We make easily accessible software application to access the Services using a mobile gadget. Such software program is thought about component of our Services and topic to the terms and constraints herein. Any 3rd party code that may be incorporated in such software program is extended by the applicable open up source or 3rd party finish user license agreement, if any kind of, authorizing usage of such code. Some 3rd party code may be licensed under a GPL or comparable type license, and also such software application is not topic to the constraints on reverse engineering set forth herein.
In other words: We may usage open resource software in link with our applications, and also such software application is subject to the terms of their applicable open source licenses.
14. Apple Device and also Application Terms.
In the occasion you are accessing the Services via an application on a device gave by Apple, Inc. (“Apple”) or an application acquired via the Apple App Store, the complying with shall apply:
a. Both you and muzic-ivan.info acknowledge that these Terms are concluded between you and also muzic-ivan.info just, and also not with Apple, and that Apple is not responsible for the Services;
b. The application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, specifically to be offered in link with the Services for your exclusive, personal, non-commercial use, topic to all the terms and conditions of these Terms as they are applicable to the Services;
c. You will certainly just usage the application in connection through an Apple device that you own or control;
d. You acunderstanding and agree that Apple has no obligation whatsoever to furnish any maintenance and muzic-ivan.info services with respect to the application;
e. In the occasion of any faitempt of the application to condevelop to any kind of applicable warranty, including those implied by legislation, you might inform Apple of such failure; upon notice, Apple’s single warranty duty to you will be to refund to you the purchase price, if any type of, of the application;
f. You acknowledge and also agree that muzic-ivan.info, and not Apple, is responsible for addressing any type of clintends you or any 3rd party may have actually in relation to the application;
g. You acknowledge and agree that, in the event of any type of third party insurance claim that the Application or your possession and usage of the application infringes that third party’s intellectual home legal rights, muzic-ivan.info, and not Apple, will be responsible for the examination, defense, settlement and also discharge of any such infringement claim;
h. You recurrent and warrant that you are not situated in a nation subject to a UNITED STATE Government embargo, or that has been designated by the U.S. Government as a “terrorist muzic-ivan.infoing” nation, and also that you are not listed on any U.S. Government list of prohibited or limited parties;
i. Both you and muzic-ivan.info acunderstanding and also agree that, in your usage of the application, you will certainly comply via any applicable third party regards to agreement which may influence or be impacted by such use; and
j. Both you and muzic-ivan.info acknowledge and agree that Apple and Apple’s subsidiaries are 3rd party beneficiaries of these Terms, and also that upon your acceptance of these Terms, Apple will certainly have the best (and will certainly be considered to have welcomed the right) to enforce these Terms versus you as the third party beneficiary hereof.
In various other words: These provisions apply to you if you are using the Services via an Apple gadget or application.
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These Terms contain the entire agreement in between you and us concerning the use of the Services. If any type of provision of these Terms is held to be invalid, illegal or unenforceable in any kind of respect, that provision shall be restricted or removed to the minimum extent crucial so that these Terms shall otherwise reprimary in full pressure and impact and enforceable. Our faientice to enpressure any part of these Terms shall not constitute a waiver of our appropriate to later on enpressure that or any various other component of these Terms. In order for any waiver of compliance via these Terms to be binding, we have to provide you through created notification of such waiver. You and we are independent builders, and also no firm, partnership, or joint venture partnership is intfinished or developed by these Terms. The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms. You agree that, except as otherwise expressly gave in these Terms there shall be no third party beneficiaries. We might asauthorize, transfer or delegate any kind of of our rights and responsibilities hereunder without consent out.